What Happens When The Police Are Called In For Alleged Domestic Violence In NY?

You mentioned earlier that an arrest will be made if the police are called. Can you elaborate on that?

A fight occurs, let’s say, between a husband and wife. The wife in a fit of anger calls 911 and even then says, “Oh forget about it, I didn’t mean it. I made up with my husband.”

If a 911 Call Is Made Concerning Domestic Violence, the Police Are Required to go to the Scene

If the police get a 911 call in regard to an alleged domestic violence incident, they are obligated to show up.

If the Police Discover Any Violent Action, Even Property Damage, They Will Make an Arrest, Despite Any Protestations by the Parties

They show up and they separate the parties. They interview the parties, and they try to determine if there was any pushing or shoving or any physical contact whatsoever. They look for even a temper tantrum or breaking a dish against the wall; some sort of damage to the property. They will make an arrest whether the parties want it or not. They will make an arrest even if the parties state they have forgiven each other. A domestic violence attorney should be consulted as soon as possible by the arrested party. That domestic violence attorney can help to negotiate your bail and the conditions of your release.

Nowadays, There Is Mandatory Involvement by the Police and the Courts Whenever There Are Allegations of Domestic Violence

The mandatory involvement of the police and the criminal justice system is the big problem with domestic violence cases. The police, and now the criminal justice system, comes between the parties. Take a case where a marriage is rather tumultuous and they argue from time to time, but exist. It’s a happy marriage and there are children and the children are well cared for.

Now, the criminal justice system comes between the parties and the district attorney’s office feels it knows best.

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By knowing best, they separate the parties, they require an order of protection against the aggrieved party, usually the wife. It causes the husband to have to move out of the house and find a separate residence. In normal cases, the husband can’t visit the house, can’t visit his children and can’t spend holidays with his children.

It’s a terrible hardship, not only physically, but it’s a terrible hardship emotionally. It really does adversely affect a marriage. A domestic violence attorney can ask the court to modify these orders to allow a defendant to have contact with his or her children in appropriate cases.

In days past, police would come if there was a dispute and try to resolve it. They would try to use their judgment and see if it’s just a typical fight and the parties are okay and they’re going to continue their relationship, or if intervention is truly needed. The law has taken away that discretion now. Once they’re called, they have to make an arrest.

Current Legislation Has Removed Any Discretion the Police Would Normally Have in Trying to Resolve a Dispute between Two People in a Relationship in Westchester County

So in years past, the police would attempt some counseling instead of an arrest?

In many situations, even outside domestic violence, the police had the discretion to settle disputes. There are consequences now if the police make a judgment call and act as an Attorney and the next night or a week later something tragic happens. They don’t want to take the chance.

The district attorney can no longer say, “Well we don’t need an order of protection here. We don’t have to have the husband move out of the house. We think it’s just typical dispute and they can get on with their lives.” There are consequences if something tragic happens.

Those are the cases that make the news and those are the cases that cause bad law to be made and police to make an arrest under any circumstance, without using any judgment. This is why the number of domestic violence cases and the need for domestic violence attorneys have risen to dramatically.